Matilda Omonaiye/
The Kaduna Division of the Court of Appeal today affirmed the decision of the Federal High Court, in Kano, which ordered the interim forfeiture of the money found in a house in Kaduna belonging to former Group Managing Director of NNPC, Engineer Andrew Yakubu.
On February 3, 2017, operatives of the Economic and Financial Crimes Commission stormed a house allegedly belonging to the former NNPC boss and uncovered the sum $9,772,800 and another £74,000 stashed in a fireproof safe.
The money according to Yakubu, were gifts from well wishers.
The EFCC, however, suspected the money to be proceeds of crime, and that prompted the agency to secure an interim forfeiture from the Federal High Court on the money.
Yakubu through his counsel, Ahmed Raji SAN, approached the Federal High Court in Kano asking the Court to revoke the order.
The Federal High Court, in Kano, presided over by Justice Z.B Abubakar on May 10, 2017 dismissed the application of Yakubu and affirmed the order of interim forfeiture it granted on February 13, 2017.
Dissatisfied with the decision of the Federal High Court, Yakubu approached the court of appeal in his desperate bid to reverse the interim forfeiture order and get the money back.
The appeal was filed on May 22, 2017, while the Commission filed its response which was subsequently adopted on January 29, 2018. The matter was then adjourned to today for judgment.
The appeal was brought on grounds of Jurisdiction, misrepresentation of fact by EFCC that the money is suspected to be proceeds of illegal activities. He further argued that Section 29 of the EFCC Establishment Act is null and void, while at the same time submitted that, Section 28 of the EFCC Act offends the provision of Section 44 (2)(k). In Section 43 of the EFCC Establishment Act, the learned silk argued that the Attorney General of the Federation did not make regulations and guidelines consequently, all forfeiture made shall be null and void.
However, the respondents in their reply contended that the ruling of the lower court validating its order was not perverse, and that sections 28 and 29 of EFCC Act are valid and operational notwithstanding the alleged failure of the AGF to make regulations for their operations.
In a judgment delivered by Justice Obietonbara Daniel Kalio, who headed the panel of the three judges, the appellate court resolved all the issues in favour of EFCC.
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